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What are my legal rights?

What rae he legal rights?

  • hi everybody ..iam wondering if anybody could give some useful accurate information in regards to the rights with my sister and her estranged daughter ! well her we go ! my sister had her first child 8 years ago when she was just 18 .Her partner was abusive both mentally and physically and shortly after she gave birth she made the desiccation to to leave her home to escape the abuse .After 2 years of moving around living an unsettled way of life her ex finally caught up with her ..he was mentally abusive demanding that she gave them another go .My sister was very emotionally unstable at this time and agreed to as she was fed up of the unsettled way of life she was living and the offer of her and her daughter moving in with him and his family seamed she says at the time like would be a more secure environment /stable way of life for her daughter .Within a few months of moving in she had left him but left her daughter with him ,she was in not a very good emotional state had lost a lot of weight and the beautiful girl she is hadn't any confidence what so ever ,she ended up on antidepressants and sleeping tablets !! for the next year or so she carried on visiting her daughter frequently but her ex made it very difficult sometimes refusing access and other times being violent and abusive in front of her child! [his family were very unhelpful and horrid to her too }].My sister stopped seeing her daughter due to the pressure and emotional state she was in and hasn't seen her for 5 years now !i was very young at the time and couldn't offer a lot of support and half the situation i didn't understand being so young ! My sister now is remarried and has another 2 children ,she talks about her daughter all the time and often gets upset and i know she is on sleeping tablets still to this day .She has however picked her life up by going back to college etc and does voluntary work with her community ,She has moved away and has rebuilt her life .I want to help my sister as much as i can and am righting this to hopefully give her some advise and support .She was talking just the other day about going back to court and fighting for her ,i told her that she should be able to just go take her as she is her child and she hasn't signed over her rights and the local authority wasn't involved !!!...we all know that her ex will never change and in fact i bumped into him not so long ago and he couldn't help but to slag he off ! what are her rights ? what is the best thing she can do ? ...please any advise

  • Answer:

    Legally, it should be done through the courts As a mother I would say that if she has the support of her husband and family, she should just bring her baby home and fight it out afterwards Either course of action is going to cause upset to the child, especially as she has not seen her mother for so long and all the while her father will have been dripping poison into her ears A bad situation and the child's welfare is at stake.

Yasmin Mohamed at Yahoo! Answers Visit the source

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Legally yes she could just go and take her but if she does it may go against her in the long term because although there is no such thing as kidnapping your own child her ex will probably launch a custody battle and this child has not seen her mother for so long that it would be really unsettling for her to be taken from the home she is used to now. At 8 she is old enough for her opinions to be considered in a court and although this ex is awful he is all she knows,she has a bond with him and inevitably loves him and she is not old enough to understand the situation fully yet. It would be best if your sister got legal advice first,she would get contact and he cannot stop that but after 5 years it would be a case of bringing her back into the girls life at a pace that the child can adjust to,i know it isn't your sister's fault that things turned out this way but courts decide based on the feelings of the child and no one else. The starting point would be to get a contact order in place through a court and then to rebuild the relationship,perhaps in the future her daughter may ask to live with her too but for now she has to take things slowly.

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